Commonwealth v. Nutter

CERCONE, Judge:

This is a direct appeal from judgment of sentence. Appellant was charged with burglary and theft and following a trial by jury, was convicted of burglary. 1

The facts established that in the early morning hours of March 8, 1976 at approximately 2:32 A.M., a silent burglar alarm was activated in the Tremont Restaurant in the City of York, Pennsylvania. City police officers arrived shortly and surrounded the large building, which was closed to the public at that time. They found that entrance was gained through a broken basement window. As the police began searching the premises…